UK: Sperm is a man's property, judge rules in landmark case

Article here. Excerpt:

"Six cancer patients whose sperm samples were lost by the NHS have won their claim for damages in a landmark judgement which establishes the legal principle that a man's semen is his own property.

The case, which could cost the NHS hundreds of thousands of pounds in compensation, is expected to lead to a review of the law relating to ownership of human body parts.

In yesterday's judgment the Lord Chief Justice, Lord Judge, the most senior judge in England and Wales, rejected the notion that sperm held by North Bristol NHS Trust had the same legal status as a discarded toenail or hair cut at a barber's shop.

Lord Judge, Master of the Rolls Sir Anthony Clarke, and Lord Justice Wilson, ruled that the sperm samples – given by the men after they were warned by doctors that chemotherapy might damage their fertility – were the property of the six who could claim damages for the loss. "Unlike products of the body which are removed from it with a view to their being abandoned – such as cut hair, clipped nails, excised tissue and amputated limbs – the sperm was ejaculated with a view to its being kept," said the judges."

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This case may open the door to rights in the area of "sperm theft" - where a woman actually steals sperm to get pregnant against the wishes of the male.

Lets hope!!!

oregon dad

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I've never heard of a woman stealing sperm, could you please elaborate? In my experience men just give it away.

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One way is to retrieve a used condom from the trash and insert its contents into the right location to become pregnant. Another is to use the sperm from oral sex for the same reason. Courts have ruled the woman was within her rights to do so. DNA tests show he's the father, so he's now obligated to pay support.

Another problematic area is the case of women who lie about using the pill in order to convince a man to have sex without a condom. I consider the latter theft by fraud but courts disagree.

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I guess you better make sure she swallows.

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if we just had some ethical judges,
instead of this garbage to which we are paying outrageous
salaries and giving lifetime positions, with NO oversight.

imagine a woman having her eggs stolen.
she would get millions, and the thieves would
be hunted down like nazis. men get, if she uses the
stolen sperm, to support her sorry arse for at least
18 years, and possibably/probably never see his child.

or a woman getting the wrong child at the hospital?
and they DO get millions. guys get, well nothing.
except they are forced to support another man's child,
or go to prison.

and can you EVER imagine a woman forced to support a husband's
children produced during the marriage with another woman?

or a woman spending 20 years behind bars for
a false rape claim, and the man admitting he lied,
and nothing done about it? there would be outrage everywhere.

or a woman being automatically arrested during a DV
call based entirely on her gender?

or single fathers given free college, books, tuition,
welfare, healthcare, and much more just because of their
gender?

this could go on and on.

and these so-called judges laughingly say they are
dispensers of justice. according to our HONORABLE
forefathers, we are all to be treated equally
with respect to the law. and THAT is the law we are
supposed to be living under. not this garbage.

without equality, there can be no justice.

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(deleted comment)

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The examples you gave el cid are extreme cases. I googled the 'oral sex' story. Outrages! The women was a doctor, it was obviously planned and she knew just how to do it. Sperm die rather quickly when exposed to air and room temperature. The 'oral sex' and the 'condom' methods would have to be done immediately after ejaculation and conditions just right, and then the woman would have to be on her ovulation cycle. Definitely immoral , but it seems like a one in a million chance for the average female to accomplish.

As far as women 'stealing sperm' during consensual sexual intercourse goes: It's getting really old putting all the blame on women . I think men lie about being lied to. What else is a guy to say when he gets a girl pregnant and he has no excuse?

The reason I think this is likely the case is (1) He doesn't want to look foolish (2) It puts more blame on the girl, taking some of the heat off of him (3) It makes people feel sorry for him, and (4) I have never, ever, EVER had a guy ask me if I was on the pill or not (my friends haven't either!)

All of my male friends know that I don't believe in birth control, but it still doesn't stop them from trying to get with me.

I think the line about "she said she was on the pill" is a cop out! Everyone knows that sex causes pregnancy. The man and women are equally responsible. There is always an 'assumed risk'.

If men could sue women for 'stealing sperm' during intercourse; then if a condom breaks could the woman sue the man for his sperm 'trespassing' on her egg? You see how ridiculous it would get?

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Men lie; women never do.

Gotcha.

Anyone who says women lie is "blaming" her.

Gotcha.

Men are adults; women are children.

Gotcha.

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I never indicated that "[all] men lie, and women never do". I simply pointed out that men have motivations for lying in situations of unwanted pregnancy. I believe both genders are capable of lying.

I did not say it in a snotty way to start a gender argument. I am pointing out a fact that is often times overlooked when people at this site speaks about the issue of women lying about the pill.

I mean this site wants to have integrity and be on top of the issues, right? So if members have overlooked a detail, wouldn't you want to be corrected? I would think that the female perspective (I did not say 'feminist' perspective) would be appreciated. This is not a 'males only' site or a 'women hater' site. It is a 'men's rights' site. I am on your side when it comes to men's rights.

You chose to be sarcastic and condescending in your response. All that tells me is that you have nothing intelligent to add to the conversation.

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